HomeMy Public PortalAbout19760714 - Agendas Packet - Board of Directors (BOD) - 76-20 *%1Meeting 76-20
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MIDPENINSULA REGIONAL PARK DISTRICT
Regular Meeting
Board of Directors
A G E N D A
July 14, 1976 7 : 30 P.M.
Midpeninsula Regional Park District
745 Distel Drive
Los Altos, CA
(7 : 3 0) ROLL CALL
APPROVAL OF MINUTES - June 9, 1976
June 23, 1976
July 7 , 1976
WRITTEN COMMUNICATIONS
ADOPTION OF AGENDA
ORAL COMMUNICATIONS
NEW BUSINESS WITH ACTION REQUESTED
(7 : 45) 1. Proposed Acquisition of Picchetti Property - II . Grench
(a) Report
(b) Resolution of the Board of Directors of the Midpen-
insula Regional Park District Authorizing Exercise of
Option to Purchase Real Property, Authorizing officer
to Execute Certificate of Acceptance of Grant to Dis-
trict, and Authorizing General Manager to Execute Any
and All Other Documents Necessary or Appropriate to
Closing of the Transaction (Picchetti Property)
(8 : 15) 2. Stevens Creek-Shoreline Nature Study Area - H. Grench
(a) Report
(b) Resolution of the Board of Directors of the Midpen-
insula Regional Park District Approving and Providing
for the Execution of a Project Agreement for Land and
Water Conservation Fund Project No. 06-00467 , Stevens
Creek Shoreline Acquisition, by and between the Mid-
peninsula Regional Park District and the State of Cal-
ifornia, Resources Agency, Department of Parks and
Recreation.
SPECIAL ORDERS OF THE DAY
(8: 20) 3. Appointment of Interim Directors for Newly Annexed Area -
N. Hanko
(over)
Meeting 76-20 A G E N D A Page two
NEW BUSINESS WITH ACTION REQUESTED (continued)
(8 :40) 4. Possible Rescheduling of July 28 Meeting - N. Hanko
INFORMATIONAL REPORTS
(8 :50) EXECUTIVE SESSION - Land Negotiations and Personnel Matters
ADJOURNMENT
I
M-76-100
W
MIDPENINSULA REGIONAL PARK DISTRICT
MEMORANDUM
July 1, 1976
TO: Board of Directors
FROM: A. Crosley, District Clerk
SUBJECT: Review of Minutes of June 9 , 1976
At its June 23, 1976 meeting, the Board of Directors asked
that the District Clerk review the tapes of the meeting of
June 9 , 1976 to determine the accuracy of statements in
paragraph three, page four and in paragraph five, page
seven of the June 9 minutes.
1. Below is a transcript of statements made relevant to
paragraph three, page four of the June 9 minutes :
D. Wendin: I haven't read my Roberts Rules of Order recently,
but I think I can move, I move, to ask reconsideration of a
motion which has passed at this time. I ' d like to have us
reconsider the charge of the committee we formed, if I may.
I think that if the Board is to decide at the next meeting
that we are going to appoint rather than wait, then we must
decide at the next meeting the procedure we are going to use.
And I think the Subcommittee should be charged with returning
at the next meeting with the recommended procedure in their
back pocket ready to go if we so decide, because if we don't
and then have to wait another meeting before we decide on the
procedure, or we have questions that we have to have answered
by staff. . .
N. Hanko: Well, first, we have a motion to reconsider item
No. 1 - Dan moves reconsideration of item No. 1. I 'll second
the notion. All those in favor, aye. . .opposed?
K. Duffy: Is that what we 're voting on?
D. Wendin: No, all I 'm asking is that the charge of the com-
mittee be expanded so that when we consider the question next
meeting we have a proposed procedure and timing on the table.
N. Hanko: This will require that we meet. . .are you also sug-
gesting that two members of the San Mateo Citizens Committee
participate in this?
M-76-100 Page two
D. Wendin: That' s up to us.
N. Hanko: All right, well, I would be willing to expand the
charge to include that. It will certainly mean our meeting,
though, won't it? Next week or this week. Well, I think we
could meet next week and develop something. . .All right, Dan
has moved that the charge of the Subcommittee be expanded to
include a procedure for appointment of interim Directors. I
second the motion. There are a couple of members of the
audience who would like to speak on this.
(Discussion regarding propriety of including citizens on the
subcommittee when it determines a schedule for appointment of
interim Directors)
E. Shelley: Would it be appropriate to have two subcommittees,
both consisting of the same members of the Board?
n. Wendin: That' s cleanest.
N. Hanko: Yes, that ' s cleanest. All right, fine, then you've
changed your motion, and I 'll agree with it.
D. Wendin: No, just let me make a new motion, withdraw the
original one, and let me move that Nonette and I be appointed
as a Subcommittee to return at our next meeting with a proposed
procedure and schedule to be used in the event that the Board
decides to appoint Directors.
N. Hanko: I' ll second that. Is there any discussion by the
Board on that? The audience? Are you ready to vote? All in
favor say aye. . .any opposed?
2 . Upon reviewing the tape during the discussion of the report
of the Trails Task Force Subcommittee on Bicycle Routes ,
it was determined that the statement attributed to G.
Jennings in paragraph five on page three of the June 9
minutes should have been attributed to D. Jennings.
AC
M-76-20
AA. (Meeting 76-20 ,
Agenda item No. 1)
AW&W 0 dim
MIDPENINSULA REGIONAL PARK DISTRICT
REPORT
July 9 , 1976
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Proposed Acquisition of Picchetti Property
Introduction: On June 28 , 1976 , the District acquired an
option to purchase approximately 200 acres of land known as
the Picchetti Ranch. According to the terms , the option
shall be exercised by July 30 , 1976. The proposed acquisi-
tion lies adjacent to Stevens Creek County Park and thus
could provide a supplemental public use area as well as
permanent scenic backdrop for the City of Cupertino.
Size, Location and Boundaries : Five irregularly shaped par-
cels form a U-shaped unit of land along the slopes of the
eastern foothills of the Santa Cruz Mountains (see attached
map) . The 200 acre site is bordered to the north and west
by Montebello Road, to the south by private land holdings
and to the east by Stevens Canyon Road with Stevens Creek
County Park lying below. The property lies within the Sphere
of Influence of the City of Cupertino and partially provides
the City with visual relief to the southwest.
Topography, Geology and Soils : The southwestern portion of
the property is composed of steeply sloping and highly un-
stable hillsides. Running northeasterly, the topography
varies drastically from narrow canyons formed by erosion to
gentle ridges and knolls. The northwestern portion of the
property includes rolling swales and a small slack pond.
Near the center of the property, a gentle but prominent hill
dominates the landscape. There are existing trails to the
top of the hill where hikers are afforded pleasant views of
the foothills and Stevens Creek Reservoir.
Soils on the upper southern and western slopes appear to be
of the Los Gatos-Gaviota-Vallecitos Association, characterized
by 30-75% slopes , high erosion hazard, and underlying meta-
morphosed hard sandstones and shales. Soils on the north-
eastern slopes appear to be of the Hillgate-Soper Association
R-76-20 Page two
(15-30% slopes) having moderate erosion hazard, and clay sub-
soils with very low permeability. These soils are suitable
for orchards, pasture and vineyards . The San Andreas Fault
Zone lies approximately one mile to the west of the site, while
an unnamed fault appears to bisect the property in a north-
south direction. (A Plan for the Monte Bello Ridge Mountain
Area, 1974) .
Vegetation and Wildlife: Generally, the eastern half and
extreme southern third of the property support an oak woodland
community, interspersed with pockets of chaparral. The hill
towards the middle of the site is characterized by grassland
along the crest with oaks occurring sporadically on the north-
western exposures and chaparral dominating on the northern
slopes. Common species in this area include: ceanothus ,
coyote bush, chamise, to on poison oak, live oak and bay.
Approximately five drainage swales travel an east-west course
towards Stevens Creek Reservoir. Slightly more lush riparian
vegetation exists along these gullies. The remaining approx-
imately 100 acres is either planted in orchard or vineyard,
or is used for grazing.
Constantly interchanging vegetative communities provide ex-
cellent wildlife habitat. Wildlife associated with these
plant communities would normally include the western fence
lizard, mule deer, jackrabbits, pocket gophers and an abund-
ance of birds , among others.
Current Use and Development: Sixty to eighty acres of the
site is devoted to orchards of prune, pear and apricot. Al-
though the apricots and pears have been neglected for a year
or so, the 15-year-old prune orchard is in good condition.
Three areas of the ranch are leased to Ridge Winery for the
production of zinfandel grapes , although only one acre is
presently under cultivation.
Eighteen head of cattle now graze the site. More cattle
could be supported during years with average rainfall. Fences
are in poor repair along most of the permimeter and non-
existent along Stevens Canyon Road, and therefore would need
replacement if grazing animals are to be maintained.
A horse boarding operation occupies approximately ten acres
along Montebello Road, supporting twenty horses, thirteen
paddocks , a riding ring and two barns.
The property's water system located north of the ranch
building is exclusively spring-fed and in need of repair. The
Santa Clara Valley Water District holds the water rights for
a small spring, supplying one faucet at the County Park. The
only continual source of surface water is a stock pond which
R-76-20 Page three
is generally full year round. The pond was always full prior
to the 1906 earthquake and is completely dry this year due to
the lack of rainfall.
Other utilities include a large single cable (most likely a
telephone line) bisecting the northeastern portion of the
property.
A number of trails and fire roads have been developed, primarily
on the northern half of the property. There are signs of old
roadbeds and trails leading up some of the swales along Stevens
Creek Road.
Inventory of Existing Structures - Refer to "C" on the attached
map for the following:
1. The original house, built in the mid-1870 's , in fair condi-
tion.
2. The "new" house, built in 1886 , in good condition.
3. The winery, finished in 1897 , in good condition.
4 . A barn adjacent to the winery, used for storage of equipment,
vintage unknown, in fair condition.
5. A blacksmith shop, vintage unknown, in poor condition.
6. A garage and toolshed, vintage unknown, in fair condition.
7. A barn with six to eight tie stalls, tack room and large
hay storage area, vintage unknown, in good condition.
8. Approximately twelve horse paddocks in fair condition.
9. A hay barn in dilapidated condition.
10. Three chicken coops in fair condition.
11. A riding ring, built four years ago, in good condition.
12. Fruit dehydrators in poor condition.
Planning Considerations : The proposed land acquisition lies in
unincorporated territ—ory within the jurisdiction of Santa Clara
County. It is outside Cupertino's Urban Service Area but
within the City's Sphere of Influence. The proposed acquisi-
tion has been found by Santa Clara County to be in conformity
with its General Plan. The Hillside General Plan which the
City of Cupertino recently adopted includes a policy that
public open space acquisition outside the Urban Service Area
is in conformity with their General Plan. The more specific
question having to do with MRPD acquisition is being considered
by the Cupertino Planning Commission, and their response should
be available by July 14 .
Zoning on all of the parcels if A-10 (Agricultural - 10 acre
minimum parcel size) and all are in a combined "Agricultural
Preserve Zone" under the Williamson Act.
The District's draft Master Plan indicates that acquisition of
the site would have a moderate-high priority in the scoring
and that it would conform to several of the open space acqui-
sition policies set by the District's Board of Directors.
R-76-20 Page four
A Parks and Recreation Needs Assessment Survey taken by the
City of Cupertino indicated that 76% of the people questioned
favored open space preservation in the hillsides.
Cultural History and Past Use: The Picchetti Ranch was es-
tablished in the 1870 's by Vincenco Picchetti, a winemaker
and native of Italy. He recognized the grape-growing potential
of the hillside, which he named Monte Bello, and thus began
vineyards and a winery that produced commercial sauternes and
clarets until fifteen years ago. Automation, increased labor
costs and taxes have since made vineyards unprofitable for
the Picchettis. The brick winery still stands, however, as
a reminder of the property's productive past.
Four generations of the Picchetti family have worked the ranch
and lived in the large yellow "new" house built in 1886 . The
influence of the Picchettis has also been felt in the community
where, until this year, at least one member of the family has
served on the Montebello Elementary School District Board since
the one-room Montebello Schoolhouse was built in 1892 .
Potential Use and Management: The historic nature of the
improvements , particularly the "new" house, small barn and
winery, could provide a public educational resource if reha-
bilitated and maintained in conjunction with an historic
working farm operation, possibly through Future Farmers of
America, the 4-H or one of the cities. The feasibility of
re-establishing the winery, including tours and tasting,
could be investigated.
The continued productivity of the orchards and re-introduction
of vineyards should be evaluated. Hopefully, these compatible
uses could be prolonged and/or expanded. Grazing of cattle
would also potentially benefit the site by reducing fire
hazard and maintaining vegetative communities. Although the
present public horse boarding operation would cease upon
sale of the property, a possible small-scale operation could
be considered if found to be within the management capabili-
ties of the District.
Low-intensity recreation such as hiking, picnicking and horse-
back riding should be encouraged, as well as environmental
education and cooperative day camp programs , possibley with
the cities of Cupertino, Sunnyvale , Mountain View, Los Altos
and others.
Generally, existing floral and faunal communities should be
maintained until further study. Grazing or the lack of it
may slightly affect this within the next year.
R-76-20 Page five
Relationship to Regional Trails Plan: A proposed Montebello
Ridge trail, shown on the Trails Task Force 's draft Regional
Trail Corridor Plan for the District, would connect Stevens
Creek Park and the Black Mountain Open Space Preserve. The
proposed acquisition could directly or indirectly be a link
in that trail corridor.
Interim Use and Management Recommendations :
1. Within approximately six months from the date of acquisi-
tion, the property should be opened for day use by hikers
and equestrians. Permits would not be necessary at this
time but regular patrol should be maintained. Access to
the site would be provided from the County-maintained
parking lot at Stevens Creek Park via a trail crossing
Stevens Canyon Road (see "A" on map) . The currently used
primary access to the property on Montebello Road will
be closed until further studies of the area are completed.
2. Install a gate and fence and hiking stile to prevent
motorcycle access and allow hiking access to the site at
point "B" on the map.
3. Schools and other interested groups should be informed of
the acquisition and of the potential use for environmental
education programs. If such organizations wish to use the
site, appropriate arrangements should be made with the
District prior to site visits.
4. Arrange for a caretaker on the property coincidental with
the Picchetti family's departure.
5. Discontinue the horse boarding operation until further
study. Investigate the possiblity of continued cattle
grazing to maintain vegetative communities and reduce
fire hazard.
6. Designate buildings as "off limits" until they can be
studied in terms of long range use and management.
7. Continue to investigate the feasibility of maintaining
and/or reinstating orchards and vineyards.
Terms : The Picchetti family has offered by option to sell
approximately 200 acres of their property to the District
for $500 ,000. The option provides for a $145 ,000 initial
payment into escrow, with the $355,000 balance payable in
five consecutive equal annual installments, plus 5 .9% inter-
est on the unpaid balance due each anniversary beginning the
first year from the close of escrow. The option price in-
cludes payment for all the buildings on the site and any
relocation costs for current occupants.
R-76-20 Page six
The District 's independent appraisal consultant recently
placed a value of $600 ,000 on the property; consequently, the
option price is recommended as very favorable.
Recommendation: It is recommended that the Board of Directors
adopted the attached Resolution of the Board of Directors of
the Midpeninsula Regional Park District Authorizing Exercise
of Option to Purchase Real Property, Authorizing Officer to
Execute Certificate of Acceptance of Grant to District, and
Authorizing General Manager to Execute Any and All Other Docu-
ments Necessary or Appropriate to Closing of the Transaction
(Picchetti Property) .
It is further recommended that the Board adopt the interim
use and management recommendations contained in this report.
No name for the site is being recommended at this time but
will be when the use and management plan is presented to the
Board.
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RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL PARK DISTRICT AUTHORIZING
EXERCISE OF OPTION TO PURCHASE REAL PROPERTY,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING
GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF
THE TRANSACTION (PICCHETTI PROPERTY)
The Board of Directors of the Midpeninsula Regional Park
District does resolve as follows :
Section One. The Board of Directors of the Midpeninsula
Regional Park District does hereby accept the offer contained in
that certain option agreement between Josephine Picchetti and
Anita Picchetti and the Midpeninsula Regional Park District dated
June 25, 1976 , and authorizes the President to give written notice
of such acceptance.
Section Two. The President of the Board or other appro-
priate officer is authorized to execute a certificate of accept-
ance to any deed granting title to said property.
Section Three. The General Manager of the District is
authorized to execute any and all other documents in escrow neces-
sary or appropriate to the closing of the transaction.
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R-76-19
(Meeting 76-20,
Agenda Item No. 2)
MIDPENINSULA REGIONAL PARK DISTRICT
REPORT
July 7 , 1976
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Stevens Creek-Shoreline Nature Study Area Grant
Introduction: On June 11, 1975, the Board of Directors adopted
a resolution which authorized staff to apply for a federal Land
and Water Conservation Fund grant for the purchase of a 54-acre
parcel of land in the Sunnyvale-Mountain View Baylands (see map) .
Discussion: The District has been advised by the Bureau of
Outdoor Recreation that the grant application has been approved,
following favorable recommendation by the State Department of
Parks and Recreation. The District is therefore eligible to
receive up to $208 , 000 in funding for acquisition of this pro-
perty. The District previously was granted about $100, 000 in
Land and Water funds toward acquisition of Permanente Creek
Park.
The Bureau of Outdoor Recreation has requested the Board of
Directors to adopt a resolution authorizing the General Manager
of the District to execute a Project Agreement between the
District and the State Department of Parks and Recreation,
which will formalize the completion of the approval process .
A copy of the agreement is attached to the resolution.
It should be pointed out that the District, in a unique arrange-
ment, has been able to use the gift portion of the North Foot-
hills Open Space Preserve Addition as matching funds for the
Baylands grant, thus keeping the cost of acquisition to the
District at a minimum.
It is anticipated that the 54-acre site, which is one of the
few remaining natural areas in the Sunnyvale-Mountain View
Baylands, will complement planned developed park facilities
in that part of the District. The site should provide an
excellent opportunity for walking, nature study and formal
environmental education programs, and for preservation of
the wildlife and natural vegetation.
July 7, 1976 R-76-19
Recommendation: It is recommended that the Board adopt the
attached Resolution of the Board of Directors of the Midpenin-
sula Regional Park District Approving and Providing for the
Execution of a Project Agreement for Land and Water Conserva-
tion Project No. 06-00467 , Stevens Creek Shoreline Acquisition,
by and between the Midpeninsula Regional Park District and the
State of California, Resources Agency, Department of Parks and
Recreation. The resolution will authorize the General Manager
to execute the Project Agreement.
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RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL PARK DISTRICT
APPROVING AND PROVIDING FOR THE EXECUTION
OF A PROJECT AGREEMENT FOR LAND AND WATER
CONSERVATION FUND PROJECT NO. 06-00467 ,
STEVENS CREEK SHORELINE ACQUISITION, BY
AND BETWEEN THE MIDPENINSULA REGIONAL PARK
DISTRICT AND THE STATE OF CALIFORNIA,
RESOURCES AGENCY, DEPARTMENT OF PARKS AND
RECREATION
The Board of Directors of the Midpeninsula Regional Park Dis-
trict resolves as follows :
Section One. The Project Agreement attached hereto
as Exhibit A between the Midpeninsula Regional Park District
and the State of California, the terms of which provision is
made for federal reimbursement of an amount not to exceed
$212 ,310. 00 under the provisions of the Land and Water Conser-
vation Fund Act of 1965 for the acquisition of Project No.
06-00467 , Stevens Creek Shoreline Acquisition, as described
below,
The Midpeninsula Regional Park Dis-
trict will acquire 53. 9+ acres of land
for a regional recreation and nature
study area. The site is located one
and one-half miles north of the inter-
section of the Bayshore Freeway and
Stevens Creek near the City of Mountain
View in Santa Clara County. The Dis-
trict will also acquire a 69.9+ acre
parcel for public outdoor recreation
purposes through a gift donation and
District funds . The value of the
69. 9+ acre parcel will be used as the
matching portion of the federal share.
The parcel is located on Page Mill Road
between Moody Road and Alpine Road in
Palo Alto.
is hereby approved in all respects.
Section Two. The General Manager of the Midpeninsula
Regional Park District is hereby authorized and directed to
execute five copies of said Project Agreement.
Section Three. The District Clerk of the Midpeninsula
Regional Park District shall certify to the passage of this
Resolution by the Board of Directors and it shall thereupon
take effect.
EXHIBIT A
STATE OF CALIFORNIA
Department of Parks and Recreation
PROJECT AGREEMENT
Land and Water Conservation Fund Program
Project Title Steven' s Creek Shoreline Acquisition
Participant Midpeninsula Regional Park District Project Number 06-00467
Project Period 5/20176 to 12131/79
Project Scope:
The Midpeninsula Regional Park District will acquire 53.9+ acres of land
for a regional recreation and nature study area. The site is located one
and one-half miles north of the intersection of the Bayshore Freeway and
Stevens Creek near the City of Mountain View in Santa Clara County. The
District will also acquire a 69.9+ parcel for public outdoor recreation
purposes through a gift donation and District funds. The value of the
69.9 acre parcel will be used as the matching portion of the federal
share. The parcel is located on Page Mill Road between Moody Road and
Alpine Road in Palo Alto.
Stage Covered by This Agreement Complete
Project Cost:
Total Estimated Direct Project Cost (as shown in
Project Proposal) $ 420,000
Surcharge--State Administrative Assessment 1 . 1 %
of line 1 (subject to adjustment, see paragraph 2,
page 2) $ 4,620
Total Project Costs Eligible for Federal Funding $ 474 Ago (3)
Federal Participation--50% of line (3) or 50% of
actual costs whichever is the lesser $ 212,310 (4)
The attached contract terms consisting of 5 pages are made a part of and
incorporated into this Agreement.
Midpeninsula Regional Park District
PARTICIPANT
By
Title
STATE DEPARTMENT OF PARKS AND RECREATION Date
By By.
Date Title
Date
CONTRACT TERMS
The State Liaison Officer for the Land and Water Conservation Fund and the
Midpeninsula Regional Park District , hereinafter
referred to as the Participant, mutually agree to perform this agreement in
accordance with the Land and Water Conservation Fund Act of 1965, 78 Stat.
897 (1964) .
The State of California hereby promises, in consideration of the promises made
by the Participant herein, to accept appropriated Federal Funds for the purposes
of the Project and disburse the same to reimburse the Participant 50 percent
of the eligible Project cost not to exceed 50 percent of the direct Project
cost shown in this agreement; except for a surcharge for administrative costs
to be applied to the total estimated direct Project costs as shown above. The
surcharge is to be deducted from the reimbursements received from the Federal
Government applicable to this Project and will be computed at the Federally
approved surcharge rate in effect at the time the billing is submitted to the
Federal Government but not to exceed 3%.
It is understood by the parties hereto that this agreement shall not obligate
State of California funds for the Project costs described herein. The Participant
hereby promises, in consideration of the promises made by the Liaison Officer
herein, to execute the Project stage described herein, in accordance with the
terms of this agreement. Any disbursement hereunder shall not be made unless
and until funds therefor are received by the Liaison Officer from the Bureau
of Outdoor Recreation.
The following special Project terms and conditions were added to this agreement
before it was signed by the parties hereto and any deviations from or changes in
the Project shall be accomplished only through written consent of the parties
concerned: ;
The Participant will permanently display in a conspicuous place a bronze plaque
which acknowledges Land and Water Conservation Fund assistance.. The plaque will
be furnished by the State Department of Parks and Recreation subsequent to review
and approval of plans and specifications. The plaque will be displayed in the
area assisted by federal funds prior to final payment.
The Participant agrees to comply with the terms and intent of the Uniform Relo-
cation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat.
1894 (1970) and the applicable regulations and procedures of the Department of
the Interior implementing such Act, and Chapter 16, of Div. 7, Title 1 of the
Gov. Code, State of California.
Where applicable, the Participant agrees to comply with the terms and intent
of the Flood Disaster Protection Act of 1973 (Public Law 93-234) and all
applicable regulations and procedures implementing that Act.
Funds will not be disbursed until the State receives and approves evidence of
a joint use agreement between the Midpeninsula Regional Park District and the
Santa Clara Valley Water District permitting permanent public access to project
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A. DEFINITIONS
1. The term"BOR"as used herein means the Bureau of Outdoor Recreation,United States Department of the Interior.
2. The term "Director" as used herein means the Director of the Bureau of Outdoor Recreation, or any representative
lawfully delegated the authority to act for such Director.
3. The term "Liaison Officer"as used herein means the California Director of Parks and Recreation,or other State",'icer
as designated by the Governor from time to time and authorized by the State Legislature.
4. The term "Manual" as used herein means the Bureau of Outdoor Recreation Manual. (Outdoor Recreation
Grants-In-Aid Manual)
5. The term "Project" as used herein means the project or project segment which is the subject of this agreement as
defined in the project proposal.
6. The term "Project Proposal" as used herein means the form and all supplemental attachments used to describe and
estimate the cost of a planning, acquisition, or development project filed with the Liaison Officer in support of an application for
federal financial assistance.
7. The term "State" as used herein means the State of California and/or its official representative, the Department of
Parks and Recreation.
8. The term "Participant" as used herein shall mean the recipient of the federal funds to be disbursed in accordance with
the terms of this agreement.
9. The term "Federal Funds" as used herein means those monies made available by the United States of America as
matching money for projects under the Land and Water Conservation Fund Act of 1965,78 Stat.897(1964).
B. PROJECT EXECUTION
1. The Participant shall at no cost to the State execute, complete, operate and maintain the approved Project in
accordance with the Manual, the Project Proposal, and the plans and specifications applicable,which documents are on file in the
office of the Liaison Officer and made a part hereof. Failure to render satisfactory progress or to complete this or any other project
which is the subject of Federal assistance under this program to the satisfaction of the Director or Liaison Officer may be cause for
the suspension of all obligations of the United States and the State under this agreement.
2. The Participant shall indemnify the State of California and its officers,agents and employees against and hold the same
free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of,
either in whole or in part, whether directly or indirectly,the organization,development,construction,operation,or maintenance of
the Project.
3. in the event of default by the Participant which default is not cured by the Participant within thirty (30) days after
receipt of written notice from the Liaison Officer,the State may in addition to any other remedies take possession of the Project and
construct, operate or maintain the Project as the State may deem necessary to fulfill requirements of the Federal Government,and
the Participant agrees to reimburse the State for any costs or expenses incurred by the State thereby.
4. Construction contracted for by the Participant shall meet the following requirements:
(a) Contracts for construction in excess of $10,000 shall be awarded through a process of competitive bidding.
Copies of all bids and a copy of the contract shall be retained for inspection by the Director or Liaison Officer.
(b) The Participant shall inform all bidders on contracts for construction in excess of$10,000 that Federal Funds
are being used to assist in construction.
(c) Written change orders to contracts for construction in excess of$10,000 shall be issued for all necessary changes
in the facility.Such orders shall be made a part of the project file and shall be kept available for audit.
(d) The Participant agrees to comply with the Civil Rights Act of 1964 and Executive Order No. 11246 and shall
incorporate,or cause to be incorporated, into all construction contracts the following provisions:
"During the performance of this contract,the contractor agrees as follows:
"(1) The contractor will not discriminate against any employee or applicant for employment because of race,
creed, color,religion,sex,or national origin.The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment,without regard to their race, creed, color,
religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination;rates of pay or
other forms of compensation; and selection for training, including apprenticeship.The contractor agrees to post
in conspicuous places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
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i
"(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor,state that all qualified applicants will receive consideration for employment without regard to race,
creed,color,religion,sex,or national origin.
"(3) The contractor will send to each labor union or representative or workers with which he has a collective
bargaining agreement or other contract or understanding, a notice,to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under Section 202
of Executive Order No. 11246 of September 24,1965,and shall post copies of the notice in conspicuous,_'-ces
available to employees and applicants for employment.
"(4) The contractor will comply with all provisions of Executive Order No.11246 of September 24, 1965,and
of the rules,regulations,and relevant orders of the Secretary of Labor.
"(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of
September 24, 1965, and by the rules, regulations,and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books,records,and accounts by the contracting agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules,regulations,and orders.
"(61 In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be canceled,terminated,or suspended in whole
or in part and the contractor may be declared ineligible for further Government contracts in acccordance with
procedures authorized in Executive Order No. 11246 of September 24, 1965,and such other sanctions may be
imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule,
regulation,or order of the Secretary of Labor,or as otherwise provided by law.
"(7) The contractor will include the provisions of Paragraphs(1)through (7) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204
of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order
as the contracting agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, That in the event the contractor becomes involved in,or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the contracting agency,the contractor
may request the United States to enter into such litigation to protect the interests of the United States." I
(a) The Participant shall:
(1) comply with the above provisions in construction work carried out by itself;
(2) assist and cooperate actively with the BOR and the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the above contract provisions and with the rules, regulations,and relevant
orders of the Secretary of Labor;
(3) obtain and furnish to the BOR and to the Secretary of Labor such information as they may require for
the supervision of such compliance;
(4) enforce the obligation of contractors and subcontractors under such provisions, rules, regulations and
orders;
(5) carry out sanctions and penalties for violation of such obligations imposed upon contractors and
subcontractors by the Secretary of Labor or the BOR pursuant to Part 11,Subpart D, of Executive Order No.
11246 of September 24, 1965;and
(6) refrain from entering into any contract with a contractor debarred from Government contracts under Part
11,Subpart D,of Executive Order No. 11246 of September 24, 1965.
5. The Participant shall secure completion of the work in accordance with the approved construction plans and
specifications,and shall secure compliance with all applicable Federal,State and local laws and regulations.
6. The Participant shall permit periodic site visits by the Liaison Officer and/or Director to ensure work progress in
accordance with the approved Project,including a final inspection upon Project completion.
7. In the event funds should not be available for future stages of the Project, the Participant shall bring the Project to a
point of usefulness agreed upon by the State and BOR.
B. All significant deviations from the Project proposal shall be submitted to the Liaison Officer prior to approval.
9. The acquisition cost of real property shall be based upon the appraisal of a competent appraiser. The reports of such
appraisers shall be available for inspection by the Liaison Officer upon request.
10. Development plans and specifications shall be available for review by the Liaison Officer upon request.
11. If any tract or parcel of,or interest in,real property subject to being purchased under the provisions of this agreement,
but not identified herein, is found by the Director for any reason not to be suitable for Federal assistance, all obligations of the
United States hereunder shall cease as to such parcel,tract or interest. I
I
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C. PROJECT COSTS
Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in the Manual.
D. PROJECT ADMINISTRATION
1. The Participant shall promptly submit such reports and in such form as the Liaison Officer may request.
2. Property and facilities acquired or developed pursuant to this agreement shall be available for inspection by the
Director and the Liaison Officer.
3. Interest earned on funds granted pursuant to this agreement shall not be available for expenditure by the Participant
but shall be disposed of according to instructions issued by the Director.
E. PROJECT TERMINATION
1. The Participant may upon written notice to the Liaison Officer unilaterally rescind this agreement at any time prior to
the commencement of the Project. After Project commencement, this agreement may be rescinded, modified, or amended only by
mutual agreement. A project shall be deemed commenced with the Participant makes any expenditure or incurs any obligation with
respect to the Project.
2. Failure by the Participant to comply with the terms of this agreement or any similar agreement may be cause for the
suspension of all obligations of the United States or the State hereunder.
3. Failure by the Participant to comply with the terms of this agreement shall not be cause for the suspension of all
obligations of the United States or State hereunder if, in the judgment of the Director, such failure was due to no fault of the
Participant. In such case, any amount required to settle at minimum costs any irrevocable obligations properly incurred shall be
eligible for assistance under this agreement.
4. Because the benefit to be derived by the United States from the full compliance by the Participant with the terms of
this agreement is the preservation,protection, and the net increase in the quantity and quality of public outdoor recreation facilities
and resources which are available to the people of the State and of the United States, and because such benefit exceeds to an
immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms
of this agreement, the Participant agrees that payment by the Participant to the United States of an amount equal to the amount of
assistance extended under this agreement by the United States would be inadequate compensation to the United States for any
breach by the Participant of this agreement. The Participant further agrees, therefore,that the appropriate remedy in the event of a
breach by the Participant of this agreement shall be the specific performance of this agreement.
F. CONFLICT OF INTEREST
I
1. No official or employee of the State or Participant who is authorized in his official capacity to negotiate,make,accept,
or approve, or to take part in such decisions regarding a contract or subcontract in connection with this Project shall have any
financial or other personal interest in any such contract or subcontract.
2. No person performing services for the Participant in connection with this Project shall have a financial or other personal
interest other than his employment or retention by the Participant, in any contract or subcontract in connection with this Project.
No officer or employee of such person retained by the Participant shall have any financial or other personal interest in any real
property acquired for this Project unless such interest is openly disclosed upon the public records of the Participant,and such officer,
employee or person has not participated in the acquisition for or on behalf of the Participant.
3. No member of or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit to
arise hereupon,unless such benefit shall be in the form of an agreement made with a corporation for its general benefit.
4. The Participant shall be responsible for enforcing the above conflict of interest provisions.
G. HATCH ACT
No officer or employee of the Participant whose principal employment is in connection with any activity which is financed in
whole or in part pursuant to this agreement shall take part in any of the political activity prescribed in the Hatch Political Activity
Act,5 U.S.C. 118 k,with the exceptions therein enumerated.
H. FINANCIAL RECORDS
1. The Participant shall maintain satisfactory financial accounts,documents,and records,and shall make them available to
the State and/or BOB for auditing at reasonable times.Such accounts, documents, and records shall be retained by the Participant
for three years following project termination.
2. The Participant may use any generally accepted accounting system, provided such system meets the minimum
requirements set forth in the Manual.
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1. USE OF FACILITIES
1. The Participant shall not at any time convert any property or facility acquired or developed pursuant to this agreement
to other than a public outdoor recreation use without the prior approval of the Liaison Officer and the Director.
2. The Participant shall maintain all property so as to appear attractive and inviting to the public.Sanitation and sanitary
facilities shall be maintained in accordance with applicable State and local public health standards.Properties shall be kept reasonably
safe for public use. Fire prevention, lifeguard and similar activities shall be maintained at levels reasonable to prevent loss of th.!ives
of users. Buildings, roads, trails and other structures and improvements shall be kept in reasonable repair throughout their estimated
lifetime so as to prevent undue deterioration. All maintenance and operations shall be in accordance with the standards set forth in
the Manual.
3. The Participant shall not discriminate against any person on the basis of race,color,or national origin in the use of any
property or facility acquired or developed pursuant to this agreement,and shall comply with the termsand intent of Title VI of the
Civil Rights Act of 1964, P.L. 88-352 (1964), and of the regulations promulgated pursuant to such Act by the Secretary of the
Interior and contained in 43 CFR 17.
4, The Participant shall not discriminate against any person on the basis of residence except to the extent that reasonable
differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
J. MANUAL
The Participant shall comply with the policies and procedures set forth in the Bureau of Outdoor Recreation Manual.Said
Manual is hereby incorporated into and made a part of this agreement.
ill
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M-76-113
AA,
(Meeting 76-20 ,
Agenda item No. 4)
MIDPENINSULA REGIONAL PARK DISTRICT
MEMORANDUM
July 9 , 1976
TO: Board of Directors
FROM: H. Hanko, President
SUBJECT : Possible Rescheduling of July 28 Meeting
The possible rescheduling of the July 28 meeting has been
placed on the agenda to maximize the number of Directors
at the second regular meeting in July, considering Board
members ' vacation schedules . July 22 is one alternative
date which might be considered.
REVISED
C-76-12
July 14 , 1976
Meeting 76-20
MIDPENINSULA REGIONAL PARK DISTRICT
C L A I M S
# Amount Name Description
2015 $1,000. 00 Fortney Stark Acquisition services
2016 196.00 Norney' s Office supplies
2017 245. 60 Hubbard & Johnson Field supplies
2018 61. 55 Kelly Services, Inc. Secretarial help
2019 409.36 Pacific Telephone Telephone
2020 20.80 Carl R. Carlsen, Inc. District vehicle expense
2021 45.70 San Jose Art Office supplies
2022 32.90 Young & Associates Office supplies
2023 1,142.72 Alco Paramount Radio equipment
2024 287 . 00 Curtis Lindsay Inc. Office equipment
2025 18 .55 Keeble and Shuchat Office supplies
2026 1!05.25 Western Title Insurance Co. Policy fee
2027 45. 00 Geological Survey Maps
2028 7 .60 Pargas of San Jose Utilities
2029 500 .00 John & Hanna Anderson Relocation expense
2030 52. 95 Brooks Cameras Office equipment
2031 602.17 Xerox Corporation Duplicating
2032 10 .72 P G & E Utilities
2033 1,062 .52 Stanley Norton Extraordinary legal
services $1,057 .32
June expenses 5 .20
2034 38 .50 The Country Almanac Legal advertising
2035 124.74 Nowels Publications Legal advertising
2036 67 .32 San Mateo Times Legal advertising
2037 35.94 Orchard Supply Hardware Field supplies
2038 120.00 William Spangle & Associates Professional services
2039 4 ,710 .33 County of San Mateo Election expense
2040 1,816.49 State Compensation Insurance premium
Insurance Fund
2041 260.49 Palo Alto Firestone District vehicle expense
2042 32. 00 Central Radio Telephone Telephone
2043 107 .78 Peninsula Newspapers Inc. Legal advertising
2044 17. 00 Superintendent of Documents Reports
MIDPENINSULA REGIONAL PARK DISTRICT
C L A I M S
# Amount Name Description
2045 $ 28.15 H. Grench Meal conference
2046 157 . 42 J. Olson District vehicle exp. $ 10 .50
Field supplies - 146.92
2047 45.26 N. Hanko Expenses
2048 37 . 50 Eminent Domain Institute Registration fee
2049 15. 00 City of Palo Alto City Council Agendas
2050 1;320.50 Rogers, Vizzard & Tallett Legal services
2051 200. 00 Lisa Anderson Professional services
2052 130. 21 Techni-Graphics, Inc. Printing
2053 22. 74 Peninsula Blueprint Maps
2054 281. 43 Western Fire Equipment Co. Field equipment
2055 399. 49 County of Santa Clara Equipment installation
Communications Dept.
2056 27 . 15 B. Clifford Private vehicle exp. $21.15
Meal conferences 6 .00
2057 110.00 C. Caddes Photographs
2058 70 . 80 Peninsula Newspapers, Inc. Legal advertising
2059 68.35 E. Jaynes Private vehicle exp. $58 .35
Meal conference 3 .00
Recording fee 7 .00
2060 125.64 Petty cash Meal conferences $43.19
Office supplies 42.75
Postage 8.48
Field supplies 8 .00
Private vehicle exp. 15.15
District vehicle exp. 8.07